Reinier Russell

managing partner

Reinier advises national and international companies

reinier.russell@russell.nl
+31 20 301 55 55

Franchise, Distribution and Agency in Europe

Publication date 25 October 2018

A good way to enter the Dutch market is to appoint a local European distributor, agent or franchisee. What are the advantages? Reinier W.L. Russell, LL.M., managing partner of Russell Advocaten explains in this article for The Primerus Paradigm.

There are several options to expand your business in the Netherlands or Europe. For example, you can incorporate a Dutch legal entity (see our article in The Primerus Paradigm, Fall 2016, for more information). Another way to enter the Dutch market is to appoint a local European distributor, agent or franchisee. They have the knowledge of the local market and customs that could jump-start your business. It will allow manufacturers to do what they are good at: producing products and upholding the good reputation of the brand. Especially, if you want to do business abroad, the local knowledge of agents, distributors and franchisees can be beneficial.

In this article, we will discuss the differences between and advantages of distribution, franchise and agency in the Netherlands, a country providing access to all European markets. We will deal with important issues, such as the termination of the contracts and liability resulting from these contracts. We will also take a closer look at several hot topics, including pricing arrangements and online sales (geo-blocking).

Download artikel

    We process the personal data above with your permission. You can withdraw your permission at any time. For more information please see our Privacy Statement.

    Related publications

    Franchise: Franchise Act lays down rules for franchise agreement

    The Dutch Senate approved of the Franchise Act on 30 June 2020. It is expected to take effect on 1 January 2021. What will change for franchisors and franchisees?

    Read more

    Liability of franchisers for incorrect forecasts

    Does a franchiser have to pay compensation to the franchisee if he has provided him with improper sales and profit forecasts?

    Read more

    Lease of business premises: adjusting the rent

    What should you bear in mind if you want to change the rent for your business premises? When are you allowed to adjust the price yourself? And in which cases do you have to go to court?

    Read more

    How do you terminate a continuing performance agreement?

    In principle, a continuing performance agreement can always be terminated, even if no arrangements have been made in this regard. But you can’t just do it. What do you need to take into account when terminating the agreement? And what if you want to deviate from the arrangements made about terminating the agreement?

    Read more

    28 June 2025 European Accessibility Act: digital products and services must be accessible to all

    On 28 June 2025, the European Accessibility Act will come into force. From that data, digital products and services must also be accessible to people with disabilities. Which companies, products and services does the Act apply to? What disabilities should you take into account? What are the consequences of not complying with the Act?

    Read more

    Contract termination: survival clauses

    If a contract has ended, there may still be obligations you want your contract partner to fulfil, such as warranties or confidentiality. You can regulate this through survival clauses. What should you look out for when including such clauses?

    Read more